SAN DIEGO – A San Diego County man has filed a class-action suit against a debt collector alleging he was harassed by its phone calls.
David Menno Schroeder filed a complaint individually and on behalf of all others similarly situated on July 27 in the U.S. District Court for the Southern District of California against Immediate Credit Recovery Inc. alleging violation of the Telephone Consumer Protection Act.
According to the complaint, on Jan. 25, Schroeder began receiving calls from defendant via an automatic telephone dialing system on his cellular telephone, with some of the calls made using an artificial or pre-recorded voice. He alleges this caused him to suffer from frustration, invasion of privacy and distress from the unwanted calls.
The plaintiffs hold Immediate Credit Recovery Inc. responsible because the defendant allegedly caused him to incur incoming call charges, violated his right to privacy and violated the provisions of TCPA by using devices that were meant to harass.
The plaintiff requests a trial by jury, certify this as a class suit, damages, injunctive relief and any other relief the court may deem just. He is represented by Abbas Kazerounian and Jason A. Ibey of Kazerouni Law Group APC in Costa Mesa and Daniel G. Shay of Law Office of Daniel G. Shay in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-01899